Citations Affected: IC 35-33-3.5.
Synopsis: Recording custodial interrogations. Requires state and local
law enforcement agencies to electronically record custodial
interrogations of suspects during murder investigations and other
felony investigations conducted after June 30, 2006. Requires the
agencies to retain copies of custodial interrogations for certain periods.
Makes a violation of the custodial interrogation law: (1) a Class C
infraction for a person's first violation of the law; and (2) a Class B
infraction for a person's second or subsequent violation of the law.
Effective: July 1, 2005.
January 19, 2005, read first time and referred to Committee on Courts and Criminal Code.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
an agency or a department of any level of state or local government
whose principal function is the apprehension of criminal offenders.
Sec. 4. After June 30, 2006, a law enforcement agency shall electronically record all custodial interrogations:
(1) of suspects involved in:
(A) murder investigations; or
(B) investigations of any other felony; and
(2) that occur at:
(A) a law enforcement agency station house; or
(B) any other building owned or operated by the law enforcement agency;
at which persons are detained in connection with criminal investigations.
Sec. 5. A law enforcement agency shall retain a copy of a custodial interrogation of a person electronically recorded under this chapter until:
(1) if the person is convicted of murder or another felony related to the custodial interrogation, the:
(A) person's conviction is final; and
(B) person has exhausted all direct and habeas corpus appeals related to the conviction; or
(2) a prosecution of the person for murder or another felony related to the custodial interrogation is barred by law.
Sec. 6. (a) A custodial interrogation electronically recorded under this chapter is:
(1) confidential; and
(2) exempt from disclosure under IC 5-14-3.
(b) This section does not preclude:
(1) the state or a defendant in a criminal action from obtaining a copy of a custodial interrogation electronically recorded under this chapter for use in:
(A) a criminal action; or
(B) an appeal related to the criminal action; or
(2) a party in a civil suit from obtaining a copy of a custodial interrogation electronically recorded under this chapter for use in:
(A) a civil suit; or
(B) an appeal related to the civil suit.
Sec. 7. A person who violates this chapter commits a Class C infraction. However, the violation is a Class B infraction if the person has a prior unrelated judgment for violating this chapter.